IP and Legal Filings

MARCH 28, 2023

Trademark Dilution A well-known brand’s owner has the legal authority to forbid third parties from using their mark since doing so compromises their exclusivity or damages their reputation. In reality, no one has the right to imitate any well-known brand or to misuse that trademark’s good name. 2010 (42) PTC 572 (Del.) [2]

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Trademark Brands Branding Branding 96

43(B)log

SEPTEMBER 7, 2021

Uber Technologies, the one you know about, was incorporated in 2010. And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. As it grew and expanded into new services, Uber Inc.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

IP and Legal Filings

OCTOBER 28, 2023

A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. 2010 (42) PTC 572 (Del.) What is Trademark Dilution?

Trademark 98

Trademark Registering Trademarks Trademark Law Brands 98

The IPKat

DECEMBER 6, 2021

OPPORTUNITIES Gunnercooke | Intellectual Property Paralegal (job vacancy) The Chartered Institute of Trade Mark Attorneys (CITMA) has recently advertised a new IP job vacancy. Gunnercooke is a corporate and commercial law established in 2010 and now has over 260 partners. The role is based in London (West End).

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Intellectual Property Intellectual Property Law IP Copyright Law 69

Kashishipr

AUGUST 24, 2022

By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. Hotels and restaurants must get their brand names and logos registered as trademarks for the ease of operating a business in India. Trademark for the Taj Mahal Palace Hotel.

Trademark 52

Trademark Brands Branding Branding 52

The IPKat

JUNE 11, 2022

Do a quick Google search and you will find many sites explaining the history and significance of the phrase to Apple and its branding, and how it brought a new wave of popularity and interest to a floundering Apple company as of 1997. from 14 October 2011 to 13 October 2016).

Advertising 97

Advertising Advertising Reporting Registration 97

43(B)log

OCTOBER 4, 2021

But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. J-B Weld began in 2010 to sell theadlockers under the “Perma-Lock” name. What if J-B Weld falsely advertised that its bonding products cure cancer or stopped global warming?

False Advertising 69

False Advertising Advertising Advertising Trademark 69

Technology & Marketing Law Blog

OCTOBER 19, 2021

Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. Nor could Google place ads in Plaintiffs’ marketing brochures or superimpose ads on top of Plaintiffs’ print advertisements without Plaintiffs’ permission and without paying Plaintiffs’ price. 1-800 Contacts v. Silvaco Data Sys.

Licensing 105

Licensing Copyright Contracts Advertising 105

The IPKat

OCTOBER 15, 2021

Stone had began marketing an online ‘metaphysical education’ course under the brand ‘ARCHANGEL ALCHEMY’ in or around July 2019, with the course first starting on 23 September 2019 and running until 21 September 2020. In that regard, the use made of the sign in advertising and commercial correspondence is of particular relevance.”

Business 84

Business Social Media Registration Intellectual Property 84

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. Prior import plans in 2010-11 were paused.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s. Gardens Alive’s family of brands include, among others, Weeks Roses. In 2010, J&P Park Acquisitions, Inc.

Trademark 40

Trademark Brands Branding Branding 40

IP and Legal Filings

NOVEMBER 6, 2022

As a result, the sector works closely with various performers, artists, authors, publishers, production companies, record labels, online content providers, broadcasters, advertising, distributors, etc. 3] Harita Rao and Gurram Ramachandra Rao, Advertisement and Copyright Protection, . [4]Holding

Ownership 52

Ownership Intellectual Property IP Contracts 52

IP and Legal Filings

JANUARY 26, 2023

But a prominent bar to such registration shall appear when the colour would be used in relation to a product denoting the quality or function of the product [28] —for example, registration of the colour ‘red’ for a brand of apple juice. NLSI Rev 67, 73 (2010). [11] NLSI Rev 67, 76 (2010). [25] 63 at paragraph 15. [23]

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Registration Trademark Trademark Law Law 98

SpicyIP

JUNE 13, 2024

and Ors (2010), to argue that the initial diversion of consumer attention is sufficient to constitute TM infringement. Essentially, consumers are motivated to make positive efforts—such as verifying brand authenticity or switching websites—only if they perceive a substantial benefit from doing so. Google India Pvt.

Brands 56

Brands Branding Branding Marketing 56

43(B)log

AUGUST 28, 2024

Premier sold Joint Juice for treating/preventing joint pain; a jury found it liable to a consumer class for false advertising under NY law; and the district court awarded statutory damages to the class, but cut them by over 90%. When Premier considered running its own study, its president wrote: “if poor—don’t publish.”

Law 59

Law Advertising Advertising False Advertising 59

DuetsBlog

JUNE 15, 2020

And, by the way, what is your all-time favorite from the annual Rapala line up that we’ve been covering for a dozen seasons now (minus 2019, given my move)? Rapala’s “More Hits Than Google” Billboard Update (Photo Included) (2009). Good Bye Google, Hello Whudjagiddumon? Rapala Taunts a Monster? Rapala: Happy Fishing on Mother’s Day (2012).

Registering Trademarks 52

Registering Trademarks Trademark Branding Branding 52

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. The rejection order is authored by Dr. Latika Dawara, Asst. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

in medicinal chemistry from the University of Michigan in 2010, and his B.S. Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

SpicyIP

JULY 9, 2021

In 2010, in Kirtibhai Raval v. In Titan Industries , Mr. Amitabh Bachchan and Mrs. Jaya Bachchan were engaged in promoting and advertising Tanishq (a brand owned by the plaintiff) jewellery. The jurisprudence concerning publicity rights for living individuals has been previously examined here , here and here.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

IP Intelligence

MAY 11, 2021

In Perry , the plaintiff produced 60 bottles of his mayonnaise/ketchup and mustard/ketchup concoctions branded METCHUP. Census Bureau, had a population of 8,679 in 2010). One fan proposed METCHUP, and Heinz posted a mockup of a bottle branded so on its website. The plaintiff had sales records for 34 bottles.

Trademark 52

Trademark Registration Brands Branding 52

43(B)log

OCTOBER 6, 2021

American Girl Brands, LLC, 2021 WL 510729, No. It had applied for trademarks for dolls named “Luciana” and “Princess Luciana” between 2006 and 2010, and its partner Mattel has long produced and sold space-themed dolls and accessories, including “Astronaut Barbie” in 1986. Walkowicz v. 20-cv-374-jdp (W.D.

Law 59

Law Privacy False Advertising Social Media 59

LexBlog IP

JULY 5, 2022

§ 102(a); see also Pride Family Brands, Inc. 2010) (citing Lee v. 2010) (quoting Payless Shoesource, Inc. Carl’s Patio, Inc. , 2d 1214, 1217 (S.D. 10] See OddzOn Prods., Just Toys, Inc. , 3d 1396, 1405-06 (Fed. 11] Richardson v. Stanley Works , 597 F.3d 3d 1288, 1293 (Fed. Dayton-Hudson Corp. , § 173. [14]

Intellectual Property 52

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SpicyIP

NOVEMBER 26, 2024

On October 15, 2024, the Single Judge Bench of Justice Amit Bansal granted the sought interim injunction restraining FoodPharmer from “issuing/uploading/telecasting any videos/publication/posts in any language or any medium disparaging any of the products/brands of the plaintiffs.” Hindustan Lever Ltd (1999), among others. The DHC in Dabur v.

Social Media 52

Social Media Trademark Branding Brands 52

SpicyIP

NOVEMBER 8, 2023

Then, in 2010, the European Court of Justice ruled in favor of the Google Adwords Program holding such use to be non-infringing. A brand owner’s injunction now depends on the ad’s content, checking if the same confuses or causes blurring or tarnishment. But what are the implications of this (not-so-straightforward?)

Trademark 59

Trademark Publishing Journalism Copyright 59

Above the Fold

JULY 5, 2022

102(a); see also Pride Family Brands, Inc. 2010) (citing Lee v. 2010) (quoting Payless Shoesource, Inc. Dental Products Co. , 2d 140, 152 (7th Cir. 9] 35 U.S.C. § Carl’s Patio, Inc. , 2d 1214, 1217 (S.D. 10] See OddzOn Prods., Just Toys, Inc. , 3d 1396, 1405-06 (Fed. 11] Richardson v. Stanley Works , 597 F.3d 3d 1288, 1293 (Fed.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

IP Whiteboard

FEBRUARY 8, 2021

In this article, we serve you up all the juicy details of the Full Court of the Federal Court decision on the appeal and cross-claim , and consider what the latest development in this case means for businesses feeling “inspired” by another company’s branding, trade marks and reputation. 16 February 2010. Lettuce recap. IN-N-OUT BURGER.

Social Media 52

Social Media Branding Branding Brands 52

43(B)log

MARCH 20, 2023

Thus, at trial, defendants weren’t allowed to present evidence showing that Hawai‘i doctors and patients hadn’t changed how they prescribed or consumed Plavix after information about the poor responder issue was added in 2010 to the black box warning. But the trial court erred on materiality.

Law 45

Law Advertising Advertising Journalism 45

LexBlog IP

FEBRUARY 9, 2022

In doing so, the TTAB will consider: (i) The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties. (ii) 96 USPQ2d 1479, 1497 (TTAB 2010). Yankees P’ship, 114 USPQ2d at 1502 (quoting 15 U.S.C. § § 1125(c)(2)(A).

Television 40

Television Music Advertising Advertising 40

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The abbreviated biosimilar licensure pathway created by the Biologics Price Competition and Innovation Act (BPCIA) in 2010 was designed to increase competition for biologics and reduce healthcare costs. Regulatory And Legislative Actions Set The Tone For Biosimilars in 2021. BI pointed to Humira (adalimumab) as an example.

Settlement 40

Settlement Licensing Designs Design 40

The IPKat

MARCH 27, 2022

One of these brands that has popped up on the AmeriKat's Instagram are riding boots from Fairfox & Favor. It sells well-known and artisan brands through its retail premises, online store and mail-order catalogue and has an annual turnover of £30million. The footwear part of their business accounted for less than 20%.

Designs 52

Designs Design Copying Art 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising. Coinciding with this announcement, FDA issued draft guidance titled “ Promotional Labeling and Advertising Considerations for Prescription Biological Reference and Biosimilar Products Questions and Answers.”

Litigation 52

Litigation Settlement Marketing Marketing 52

TorrentFreak

DECEMBER 13, 2022

“Based on the pervasive use of advertising on each site, the affidavit alleges that the purpose for distributing the infringing content is the private financial gain to these websites’ operators,” Maryland U.S. Since 2010, US authorities have seized several of these portals under the flag of “Operation In Our Sites.”.

Intellectual Property 145

Intellectual Property Government Copyright Advertising 145

SpicyIP

OCTOBER 27, 2023

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour Srijaa Grover and Yaggya Kapoor Harry Brignull introduced the concept of “dark patterns” in 2010, describing them as deceptive tactics aimed at boosting conversion rates.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

43(B)log

AUGUST 11, 2022

Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful. Comparative advertising is another example of free riding that is actually a very good idea. Another use: branding function for purposes of parody/humorously assert rights or ownership.

IP 56

IP Copying Marketing Marketing 56

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Branded Semglee ® : 5% off WAC of Lantus ® , with high rebates. Citing this joint statement in a July 2021 press release , FDA announced that it had issued an untitled letter to Amgen citing issues with a banner advertisement of its biological product, Neulasta ® (pegfilgrastim). Semglee ® (Mylan (Viatris) / Biocon). July 28, 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

IP and Legal Filings

FEBRUARY 19, 2025

Introduction In the world around, you might have witnessed an advertisement taking place without being in official association with the organisers or the owners, but pretends in such a way that it is officially associated with the event. This type of marketing practise is known as ambush marketing practise. What Is Ambush Marketing?

Intellectual Property 96

Intellectual Property Marketing Marketing Brands 96

IP and Legal Filings

OCTOBER 23, 2024

A brand’s name, particularly when it takes the shape of a trademark, can define its identity, reputation, and value, making it an asset that is valuable to safeguard. Trademarks are unique “marks”, names, symbols, signs, words or phrases that define a brand or company’s products or services.

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Trademark Registration Brands Branding 87